We have a situation in Texas and need advice. Aged mother
is in nursing home in Town A. There are three sisters (daughters). We'll call them B, C, and D.
Not real sure of the Mother's mental capacity as sister (daughter) B was tossed out of Mother's life and not seen her Mother in 3 years. Of the three sisters, sister D is Power of Attorney. Sister D (PA) is 300 miles away from Mother. Sister C is 150 miles and sister B is 180 miles away from Mother.
Sister B was told 3 years ago that she has been left out of Mother's "new" Will, but she has not seen the Will, and therefore, are not sure if it even exists. Believe a Will is not even needed as the Mother has no titled property and only has a checking and savings account. So, when the Mother passes, the PA sister D) can just write checks to whomever she wishes.
Sisters C and D are totally against sister B, socially and financially, and there has been zero communication between B and the other two. Sister C and D do stay in touch with each other. The PA sister writes checks for Mother's nursing home, medicines, and anything else the Mom needs. Interestingly, all sisters' names are XXXXX XXXXX same checking account, but the PA sister is the only one writing checks on the account. The reason all sisters' names are XXXXX XXXXX account is because it was set up this way about 7 years ago when all were on good speaking terms and only the checking account has not been changed since then. The checking account is set up so the SS check can automatically be deposited there monthly. When the amount builds up enough to pay some bills, the PA sister writes a check. If not enough money, the PA sister must write a check from another account, which sister B is not privy to.
We assume sister C knows about any savings account. Back 7 years ago, all sisters were on the same savings account as the Mother, but the CDs expire and the PA sister moves it around, but we have no information on any savings account and doubt sister B's name is XXXXX XXXXX account, anyway. Sister B does get a monthly statement on the checking account and has access to it via phone. It is never over $6500.
We have reason to believe that the PA sister is spending funds out of Mother's savings for things not related to Mother's care and needs. But, since there is no communication and we have not seen the Mother, we cannot verify anything.
It is our understanding that sister B has no right to see the Will, assuming there is a new one. Another relative, sister B's son, visited the Mother recently in the nursing home and, although she was a little incoherent, she indicated that she has had a change of heart and wanted to make amends with sister (daughter) B.
To find out what's going on, what can sister B do?
Can she contact a local family law
attorney and sue sister C, and sister D (PA) and make them show how funds are being spent?
What responsibilities/obligations does the PA have in regard to the Mother's finances?
What rights does sister B have to see the new Will, if it does exist?
In contacting an attorney, does he/she have to be in the same Texas county as the Mother's location, or maybe in a nearby county?
If the PA sister is spending funds to hide money so the Mom can totally get on Medicare as an indigent, then that is not right as records can go back 3-5 years to see the Mom's financial situation. Correct?
What other thoughts/recommendations do you have on what sister B can do?